Recent developments in the protection of religious freedom in Germany and its impact on religious identity

The paper argues that the approach taken to freedom of religion under future German law falls short of basic legal principles and it does not signal compliance with international obligations. Moreover, it entails an increased difficulty for non-Christian citizens to maintain their religious identity. Religious freedom is protected under Art. 4 of the German constitution: “(1) The freedom of faith, conscience and the freedom of religious denomination and of philosophy of life are inviolable. (2) The undisturbed practice of religion is guaranteed.” A further relevant provision is Art. 3 of the constitution, which prohibits discrimination, inter alia on grounds of religion. The paper will explain and analyse the mechanisms in which human rights can be restricted in the FRG. .